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Tennessee background check laws for employers
Tennessee has no fair-chance law for private employers; its ban-the-box law covers only state agencies. State law also bars cities and counties from stopping private employers or city contractors from asking questions on job applications. Expunged records are treated as if the conviction never happened.
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Fair-chance hiring (criminal history)
- Tennessee's ban-the-box law covers only state government employers, and it expressly excludes contractors, subcontractors and local governments, so it does not reach private employers (Tenn. Code § 8-50-112(f)(2)).
- For state jobs that are not 'covered positions,' the state may not ask about criminal history on the first application form and must let the applicant explain any record (Tenn. Code § 8-50-112(b)).
- For state jobs where a check is required by law, the job posting must say the position requires a criminal background check (Tenn. Code § 8-50-112(a)).
City and county rules
- Cities and counties may not, as a condition of doing business in the area or contracting with them, stop an employer from asking for any information on a job application or during hiring, so a city or county cannot impose a ban-the-box rule on private employers or its contractors that way (Tenn. Code § 7-51-1802(d)).
- This limit does not apply to a city's or county's rules for its own employees (Tenn. Code § 7-51-1802(e)).
State consumer report rules
- No Tennessee law adding steps beyond the federal FCRA for employment background checks was found; federal FCRA rules apply.
How far back a report can go
- No Tennessee law limiting how far back a background report may go was found; the federal FCRA limits apply.
- An expunged conviction is treated by law as if it never occurred, and the person must not suffer adverse effects from it (Tenn. Code § 40-32-110(b)).
- A person whose record was expunged is not guilty of perjury or a false statement for not mentioning the expunged arrest or conviction when asked for any purpose (Tenn. Code § 40-32-110(c)).
- Tennessee rewrote its expunction chapter in 2025, and the effect-of-expunction rules now sit in § 40-32-110 (Acts 2025, ch. 268).
Credit checks
- No Tennessee statute was found that limits employer use of credit reports beyond the federal FCRA.
Also good to know
- Nursing homes and assisted-care living facilities must complete a criminal background check before hiring anyone who will give direct care to residents or patients (Tenn. Code § 68-11-256(a)).
Common questions
Can Tennessee employers run a background check?
Tennessee has no fair-chance law for private employers; its ban-the-box law covers only state agencies. State law also bars cities and counties from stopping private employers or city contractors from asking questions on job applications. Expunged records are treated as if the conviction never happened.
Does Tennessee have a ban-the-box law for private employers?
Tennessee's ban-the-box law covers only state government employers, and it expressly excludes contractors, subcontractors and local governments, so it does not reach private employers (Tenn. Code § 8-50-112(f)(2)).
How far back does a background check go in Tennessee?
No Tennessee law limiting how far back a background report may go was found; the federal FCRA limits apply.
Can Tennessee employers run credit checks on applicants?
No Tennessee statute was found that limits employer use of credit reports beyond the federal FCRA.
Some rules for Tennessee weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- Tenn. Code § 8-50-112 (Justia)
- Tenn. Code § 7-51-1802 (Justia)
- Tenn. Code § 40-32-110 (Justia)
- Tenn. Code ch. 40-32 index (Justia)
- Tenn. Code § 68-11-256 (Justia)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.
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